Statement: BISD to appeal ruling that ousts three board members

Three incumbents on the Beaumont ISD school board who thought they did not have to file for the May 11 election suddenly find themselves out of the running and will be off the board, according to a Monday ruling from the Ninth Court of Appeals.

What happened is that because of board-ordered redistricting, the trustees were required to announce re-election or invoke what the state election code calls the "savings" clause to retain their seats.

Reece, Bush and Williams did not file for re-election and did not invoke the clause, said Mike Getz, attorney for Linda Gilmore, who will replace District 3 trustee Reece; Donna Forgas, who will replace District 1 trustee Williams; and Marcelino Rodriguez, who will replace District 2 trustee Bush.

"The decision means they will be on the ballot, uncontested," Getz said.

The school district's attorney, Melody Chappell, was not available for comment as of press time, but a news release was sent from the district saying that Chappel would appeal the ruling.

"Melody Chappell, attorney for the Beaumont Independent School District, expects the district's Board of Trustees to appeal today's ruling by the Ninth Judicial District Court of Appeals," the release states. "In response to the court's ruling that would allow Marcelino Rodriguez, Donna Jean Forgas and Linda Marie Wiltz Gilmore to be placed unopposed on the May 11 BISD trustee election ballot, this Thursday's Board of Trustees agenda has listed for consideration an appeal to the Texas Supreme Court about the ruling."

District 5 trustee Mike Neil, who otherwise would have been in the same situation as the other three incumbents had he not filed for re-election, is unopposed.

Neil said he filed because he knew there would be a case brought forward for the rejected applications.

"I think it is a great ruling," Neil said. "It is going to usher in changes."

Getz said the Ninth Court's decision is based on the Feb. 21 school board-approved map that reflects the census-required redistricting.

The issue that Getz brought to the court is based on the school election code that requires trustees to file for election or invoke the "savings" clause after each redistricting.

Because Reece, Bush and Williams failed to do so, they will not be on the ballot, Getz said.

Bush declined comment. Reece did not return several telephone calls and Williams, who was contacted, did not call back.